In C.S. Forester`s novel Flying Colours (1938), Captain Horatio Hornblower was court-martialed for the loss of HMS Sutherland. He was “very honorably acquitted.” The commission of a crime abroad may lead to a trial by the host country. Under international law, a foreign nation has jurisdiction to punish crimes committed within its borders by members of a visiting force, unless it expressly or implicitly agrees to cede its jurisdiction to the visiting sovereign. In general, the United States has status-of-forces agreements (SOFA) with host countries that dictate which sovereign will have primary jurisdiction over certain crimes. To the extent possible, efforts will be made under these agreements to maximize the exercise of jurisdiction over military personnel or other persons subject to the Uniform Code of Military Justice. In Canada, there is a two-step military process system. Summary trials are presided over by senior officers, while larger cases are litigated by courts martial presided over by independent military judges serving under the independent function of the Chief Military Judge. Appeals are heard before the Court Martial appeal of Canada. The death penalty in Canada was universally abolished in 1976 and for military crimes in 1998. Harold Pringle was the last Canadian soldier to be court-martialed in 1945 after being convicted of murder. [6] A summary court martial consists of a commissioned officer serving as a judge and jury.
It can negotiate cases where only staff are used for less serious crimes. The accused has the right to cross-examine witnesses, call witnesses and present evidence, as well as to testify or remain silent. A summary court martial can impose sentences of up to 1 month`s imprisonment, hard labour, forfeiture of wages and reduction of rank. The court martial is one of the military courts of the United Kingdom. The Armed Forces Act 2006 makes the court martial a permanent permanent court. Previously, courts martial were convened on an ad hoc basis with several traditions, including the use of swords. The court martial may order any contravention of the Services Act. [18] The court consists of counsel for a judge and three to seven officials and arrest warrant officers (depending on the seriousness of the crime). [19] Decisions on legal matters are made solely by the judge`s counsel, while decisions on facts are made by a majority of the members of the court, excluding the judge`s counsel, and decisions on the judgment are made by a majority of the court, this time including the judge`s counsel.
[20] Courts martial have the power to convict a wide range of military crimes, many of which are very similar to civilian crimes such as fraud, theft or perjury. Others, such as cowardice, desertion and insubordination, are purely military crimes. Military offences are defined in the Armed Forces Act 2006 for members of the British Army. The regulations of the Canadian Armed Forces can be found in the Queen`s Regulations and Orders in Council and in the National Defence Act. For members of the United States Armed Forces, the crimes fall under the Uniform Code of Military Justice (UCMJ). These offences, together with the corresponding penalties and instructions for the execution of a court martial, are explained in detail depending on the country and/or service. Crimes with military jurisdiction are dealt with by the Civilian District Court, which has a special composition. In military cases, the court consists of a civilian judge who has received legal training and two military personnel: an officer and a warrant officer, a non-commissioned officer or a private soldier. The verdict and the verdict are decided by a majority of votes. However, the court cannot impose a harsher sentence than the one that the scholarly member supports. Appeals can be filed as in civil proceedings. When a court of appeal deals with a military case, it has a member officer with at least the rank of major.
The Supreme Court of Finland has two general officers as members in military cases. [7] : Chap. 3 Summary Court Martial. The trial before a summary court martial provides a streamlined procedure for resolving charges of minor misconduct. A summary court martial is composed of an officer who, according to his or her service policy and practice, is counsel for a judge (a military lawyer). The maximum penalty that a summary court martial can impose is significantly lower than that of a special or general court martial. The defendant must agree to be brought before a summary court martial. Military personnel of the New Zealand Defence Forces are tried by court martial for offences related to the most serious offences under the Armed Forces Discipline Act 1971.
Offences such as mutiny, murder, sexual offences, aggravated assault, drug offences or offences for which the maximum penalty exceeds a 7-year prison sentence are tried before a court martial. Below this threshold of 7 years, the accused is treated by his commander in a so-called summary trial. Most navies have a standard court martial that meets when a ship is lost; This does not presuppose that the master is suspected of misconduct, but only that the circumstances of the loss of the vessel are part of official protocol. Most armed forces maintain a judicial system that tries defendants for violating military discipline. Some countries, such as France, do not have peacetime courts martial and instead use civil courts. [3] Sondergerichtshof-Martial. A special court martial is the average court martial, and there are two types. The first consists of a military judge, a trial lawyer (prosecutor), a defence lawyer and, if the accused were to choose, a four-member panel, i.e. a jury.
In this type of special court martial, an accused may choose to be tried by the military judge alone, that is, without a panel. In the second type of special court martial, the convening authority may order that only a military judge rule on the guilt or innocence of the accused and on a possible sentence. Regardless of the offences in question, a sentence by a special court martial, in which the defendant has the possibility of having a panel, is limited to a maximum of twelve months` imprisonment (or a lower amount if the offences have a lower maximum), confiscation of salary, dismissal for misconduct and reduction of rank (for recruited staff) and certain less severe penalties. A sentence imposed by a special court martial with a military judge alone, i.e. without an authorized panel, does not exceed six months` imprisonment (or a lower amount if the offences have a lower maximum), forfeiture of salary for six months and reduction of rank for a registered accused. An officer who is charged before a special court martial may not be removed from office, imprisoned or reduced in rank. Typically, a court martial takes the form of a trial with a presiding judge, a prosecutor, and a defense lawyer (all trained lawyers as well as officers). The exact format varies from country to country and may also depend on the seriousness of the allegation. Court martial is written with a hyphen in American language, whether used as a noun or verb.
[4] In British language, however, a hyphen is used to distinguish the noun “court martial” and the verb “court martial.” [5] There are four types of courts martial in India. These are the General Court Martial (GCM), the District Court Martial (DCM), the Summary General Court Martial (GCMS) and the Summary Court Martial (GCS). Under the Army Act, military courts can convict personnel for all types of crimes, with the exception of the murder and rape of a civilian, which are mainly tried by a civilian court. Higher government agencies do not deal with military doctrines. The President of India may use his judicial authority (Article 72) to grant either pardon, pardon, pardon or remission of sentence or conviction by court martial. Under the Singapore Armed Forces Act,[13] any appointed officer may represent soldiers if they are charged with military offences before military courts. Cases will be heard at the Court Martial Centre at Camp II in Kranji. [14] [15] Courts martial in Singapore include that of Captain G. R. Wadsworth in 1946 due to the use of rebellious language[16] and in the present era the misconduct of enlisted soldiers.
[17] A general court martial may impose any punishment not prohibited by the UCMJ, including death, if expressly authorized .. . .